Ross v. Wimberly
Mississippi Supreme Court
Apbeal from the Circuit Court of Yalobusha county! Hon. J. W. C. Watson, Judge. The appellee petitioned for mandamus to compel the appellant, mayor of Coffeeville to issue warrants on the town treasury to pay allowances for the petitioner’s salary, exhibiting orders of the Board of Mayor and Alderman allowing him $75, January 7, 1878, and $170, January 6, 1880. The mayor answered that he had no power to issue the warrants.
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Apbeal from the Circuit Court of Yalobusha county! Hon. J. W. C. Watson, Judge. The appellee petitioned for mandamus to compel the appellant, mayor of Coffeeville to issue warrants on the town treasury to pay allowances for the petitioner’s salary, exhibiting orders of the Board of Mayor and Alderman allowing him $75, January 7, 1878, and $170, January 6, 1880. The mayor answered that he had no power to issue the warrants. It was agreed that the records of the board were kept prior to August 25, 1877,.and that these records are lost or destroyed; that under date July 30, 1879, is an entry on…
1Opinion of the CourtChalmers, J.
On the 20th of January, 1880, the charter of thetown of Cof-feeville was repealed by the Legislature. One month thereafter the town was reincoi’porated by the same name, with substan tially the same powers, but with some excision of territory and population. The legal effect of this was, not to extinguish the debts of the original corporation, but to leave them subsisting as valid obligations against the new one. 1 Dill. on Mun. Corp., sect. 170; Broughton v. Pensacola, 93 U. S. 266 ; Girard v. Philadelphia, 7 Wall. 1.
The case of Port Gibson v. Moore, 13 Smed. & M. 157, announcing a different…
2Cases cited2 opinions
- Broughton v. PensacolaSupreme Court of the United States · 1876
- Girard v. PhiladelphiaSupreme Court of the United States · 1869
3Cited by6 opinions
- Ranken v. McCallumCourt of Appeals of Texas · 1901
- Kelly v. WimberlyMississippi Supreme Court · 1884
- Taylor v. State ex rel. CollinsMississippi Supreme Court · 1920
- Fabric Fire Hose Co. v. Mayor of VicksburgMississippi Supreme Court · 1918
- George D. Barnard & Co. v. County of PolkSupreme Court of Minnesota · 1906
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